A waiver is the voluntary relinquishment or surrender of some known right or privilege. A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics A privilege &mdashetymologically "private law" or law relating to a specific individual&mdashis a special Entitlement or immunity granted by a government
While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally-recognized relationship Other names for waivers are exculpatory clauses, releases, or hold harmless clauses. An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B.
Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In the Common law tradition legal fictions are suppositions of fact taken to be true by the Courts of Law, but which are not necessarily In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time.
In civil procedure, certain arguments must be raised in the first objection that a party submits to the court, or else they will be deemed waived. Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its
The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction.
The key factor that courts look at when determining the applicability of a waiver are:
Waivers have been found unenforceable in some cases. For example, a waiver was deemed too general as it included phrases such as "and otherwise".
In the case of Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U. S. 694 (1982) the United States Supreme Court decided that when a court orders a party to produce proof on a certain point, and that party refuses to comply with the court's order, the court may deem that refusal to be a waiver of the right to contest that point, and assume that the proof would show whatever the opposing party claims that it would. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. In the case itself, the defendant had argued that the court lacked personal jurisdiction over it, but refused a court order to produce evidence of this lack of jurisdiction. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff Personal jurisdiction in United States law refers to a court's power over a particular defendant ( In personam jurisdiction or an item of property The defendant argued the circular logic that, because the court lacked jurisdiction, the court had no authority to issue an order to show proof of the lack of jurisdiction. In Logic, begging the question has traditionally described a type of Logical fallacy (also called petitio principii) in which the proposition The Supreme Court rejected that argument, and determined that the defendant's refusal to comply waived the right to contest jurisdiction, just as if it had never contested jurisdiction at all.